Search Results for "Mandatory provision"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Search Results for "Mandatory provision"

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Supreme Court

Supreme Court Dismisses Petitions Challenging Preventive Detention Orders Under COFEPOSA Act Due to Procedural Compliance and Established Live-Link. Detention Orders Upheld as Detaining Authority Recorded Subjective Satisfaction Based on Materials Showing Involvement in Smuggling Syndicate and Future Propensity to Commit Offences Under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

16 Apr 2026

The Supreme Court heard two connected special leave petitions challenging preventive detention orders issued under the Conservation of Foreign Exchang...

Supreme Court

Supreme Court Sets Aside High Court Judgment Invalidating Co-operative Society Bye-laws on Maintainability and Validity Grounds. Writ Petitions Under Article 226 Were Not Maintainable Against Private Co-operative Societies as No Statutory Duty Was Breached and Alternative Remedy Existed Under the Rajasthan Co-operative Societies Act, 2001, and the Bye-laws Prescribing Eligibility Conditions for Election Contests Were Held Valid Under Section 8 Read with Schedule B.

10 Apr 2026

The dispute arose from writ petitions filed by Primary Milk Producers' Co-operative Societies challenging the validity of certain bye-laws framed by D...

High Court

High Court Quashes Bye-Election Notification for Goa Legislative Assembly Seat Due to Insufficient Remaining Term Under Section 151-A of Representation of the People Act, 1951. Election Commission's Notification Declared Illegal as Incoming Member's Term Would Be Less Than One Year from Date of Election Result, Violating Mandatory Proviso Clause (a).

8 Apr 2026

The dispute arose from two writ petitions challenging the Election Commission of India's Notification dated 16.03.2026 for conducting a bye-election t...

High Court

High Court Quashes Bye-Election Notification for Goa Assembly Seat Due to Insufficient Remaining Term Under Representation of the People Act, 1951. Court held that bye-election cannot be held as remainder of term for newly elected member would be less than one year from date of election result, violating mandatory prohibition in Clause (a) of proviso to Section 151-A of the Act.

8 Apr 2026

The High Court of Bombay at Goa heard two writ petitions and a miscellaneous civil application challenging the Election Commission of India's Notifica...

High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

High Court

High Court of Judicature at Bombay Acquits Appellant in Kidnapping and Murder Case Due to Insufficient Evidence and Procedural Defects. Conviction under Sections 363, 302, and 201 of Indian Penal Code, 1860, was overturned as prosecution failed to prove guilt beyond reasonable doubt based on unreliable confession and lack of corroborative evidence.

25 Mar 2026

The appeal arose from a judgment and order dated 9th July 2024 by the Special Judge (POCSO), Thane, convicting the appellant under Sections 363, 302, ...

High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Summary Suit Under Order VII Rule 11 CPC. Exemption from Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015 Upheld as Suit Contemplated Urgent Interim Relief Based on Plaintiff's Apprehension of Asset Disposal to Defeat Claim.

4 Mar 2026

The dispute arose from a commercial summary suit filed by  Respondents, a non-banking financial company, against Applicants for recovery of appro...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Respondents Under Drugs and Cosmetics Act Due to Lack of Mandatory Enquiry Under Section 202 CrPC -- Misbranding Allegations Fail on Jurisdictional Grounds

26 Feb 2026

The Supreme Court addressed criminal appeals arising from a complaint under the Drugs and Cosmetics Act, 1940, alleging misbranding of a vaccine by th...

High Court

High Court Quashes Unilateral Conveyance Certificate Under MOFA Due to Lack of Notice and Jurisdiction -- Co-Owners' Rights Upheld in Property Dispute Involving Lease and Deed of Assignment

25 Feb 2026

The Petitioner, filed a Writ Petition challenging an order by the Competent Authority under MOFA that allowed Priya Co-operative Housing Society Limit...

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